2053 Woodbridge Avenue - Edison, NJ 08817

Sunday, August 19, 2018

E543 New cases: Police have duty to preserve video and evidence. Odor of pot does not allow police to search the trunk without consent or warrant. Wills and Estate Planning- Free Seminar Annual Happy Hour and Networking Social Upcoming Charity Races

  1. New cases: Police have duty to preserve video and evidence.
  2. Odor of pot does not allow police to search the trunk without consent or warrant.
  3. Wills and Estate Planning- Free Seminar
  4. Annual Happy Hour and Networking Social
  5. Upcoming Charity Races

       June 17 Happy Father's Dad to my Dad, Al Vercammen, veteran of Korean War, past president Metuchen First Aid, and a volunteer leader of the YMCA Indian Guides. As a kid one of my highlights was to sit in the Metuchen First Aid ambulance and hit the siren as we rode in the Metuchen Memorial Day parade. Dad was selected as Man of the Year by the Metuchen Jaycees for his volunteer work. Dad and mom traveled to Scranton while I was in college to see Mike Brennan and I win a race for the University of Scranton Varsity Cross-Country team. We enjoyed every Memorial Day, 4th of July and Labor Day at their Poconos Lake house for 28 years. Now on Father's Day, we enjoy swimming at their Active Adult Community Pool in Jackson.  Happy Father's Day to all Dads. 

Recent cases: 1. Police have duty to preserve video and evidence.
State v Richardson 452 NJ Super. 124 (App. Div. 2018)
       The court reverses defendant's drug possession conviction and holds that when the State refuses a defense attorney's diligent pre-indictment request to preserve and produce recordings, which the State or its law enforcement agencies created and are directly relevant to adjudicating an existing charge, the defendant is entitled to an adverse inference charge.
In this drug case, despite the attorney's timely preservation request, the State allowed the automatic erasure of a booking room video that likely recorded the search of defendant, which allegedly uncovered the drugs he was charged with possessing. The court also holds the court erred by allowing the State to introduce evidence that defendant gave a false name during the earlier traffic stop.

2. Odor of pot does not allow police to search the trunk without consent or warrant. State v. Houston unreported App Div.
      During a motor vehicle stop, officers observed respondent was not wearing a seatbelt and also detected the smell of burnt marijuana once respondent lowered the window. The officers removed respondent from the car and placed him under arrest after a search of his person produced five prescription pills, along with a large sum of money. During a search of the vehicle, officers found additional pills and marijuana. On motion to suppress evidence, the trial court concluded the "vehicle stop was lawful" because officers "observed motor vehicle violations." Additionally, the seizure of the burnt marijuana cigarette in the ashtray was "valid pursuant to a search incident to arrest," and because it was in "plain view."
However, the trial judge held the officers had no right to search the backpack or its contents, "or disassemble the car parts which covered the voids and the air vents of the car" without a warrant as respondent was handcuffed and removed from the car with no ability to destroy potential evidence.
      On appeal, the court was tasked with determining whether the search exceeded the permissible scope pursuant to the automobile exception. Despite the unsettled landscape in prior precedents, the court reversed in part finding that the officers had authority to conduct a search of the passenger compartment of the vehicle based upon probable cause. Having found the partially smoked marijuana cigarette, as well as the baby bottles filled with suspected controlled substances in the passenger compartment, the officers had probable cause to search the contents of the backpack.   
      However, the court affirmed suppression of the contraband found in the wheel panels as the automobile exception did not authorize such a search that "transcended all bounds of reasonableness." Docket A-0023-17T3 source https://www.law.com/njlawjournal/almID/1513134731NJA002317T/

Edison Elks Father's Day Breakfast - June 17
Come treat Dad to a homemade breakfast!
375 Old Post Road, Edison
All you can eat breakfast buffet
Adults $8/pp
Children (6-12) $4/pp
Under 5 are guests of the Lodge

3. 2018 update Wills and Estate Planning- Free Seminar
June 27 Wednesday
12:15-1:00 PM and again 5:00-5:15pm 
Law Office of Kenneth Vercammen,
2053 Woodbridge Ave, Edison, NJ 08817
 Program is limited to 15 people. Please bring a canned food donation  
      COST: Free if you pre-register by email. Complimentary materials provided at 12:00 sharp. Free sandwich for past and current clients from Craig's Deli.
   We previously held this seminar for the Metuchen and Edison Library. This, which will be given to St. Matthews St. Vincent DePaul Food Bank. Please email us if you plan on attending or if you would like us to email the materials.
      SPEAKER: Kenneth Vercammen, Esq.                 
(Author- ABA Wills and Estate Administration)
      COMPLIMENTARY MATERIAL: Brochures on Wills, Probate and Administration of an Estate, Power of Attorney, Living Wills, Real Estate Sales for Seniors, and Trusts.   
Co-Sponsor: Middlesex County Estate Planning Council
To attend email VercammenLaw@Njlaws.com

  4. Annual Happy Hour & Networking Social
July 13, 2018
    Professionals, Attorneys, Friends, Runners, Law Enforcement invited to Happy Hour & Networking Social 
July 13, 2018   
Friday at Bar Anticipation
703 16th Ave. 
Lake Como/ Belmar, NJ 07719
      Free !    
5:30-7:55PM Hot & Cold Buffet
   The reduced price Happy Hour is 6-7PM is now $2.00 House Drinks, House Wine Bud/BudLt draft 
   Co-sponsored by NJ State Bar Association Municipal Court Section & several other organizations
      Outdoor bands, prize giveaways. Bring your friends. Pass this along. Please bring a canned food donation for a community food bank, continuing to provide food and help to individuals in need.
      Email Ken Vercammen's Law Office so we can put your name on the VIP list for wristbands.     VercammenLaw@Njlaws.com

5. Charity races  
June 18, 2018  PRESIDENT'S CUP 5k 8pm, Charlie Browns, Millburn Free beer, big post race party    Ken V needs a ride from Edison or East Brunswick or South Brunswick

June 23, 2018 Union Beach 5k  9am co-sponsor Wakefern Shoprite    unionbeach5k.com

June 23, 2018 Rumson HHH new pub run Allenhurst-Asbury [no more ten mile]

June 24, 2018   Lager Run 5k Glen Ridge 5pm free beer  compuscore.com

June 30, 2018 War at Shore Triathlon Long Branch Sunday 6:50   www.splitsecondracing.net/ 

Editorial Assistance provided by Anthony Raccuia.  Mr. Raccuia is participating in Kenneth Vercammen's Summer Internship Program and currently attends the University of New Haven.

Editor's Note and Disclaimer:
All materials Copyright 2018. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.